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HomeMy WebLinkAboutR96-117 special use permit Edwards Village Center Parcel 9' Commissioner \ ~~7/7 h~~ n - _ moved adoption • ~. of the following Resoluti_..: i'~~ BOARD OF COUNTY CO1rII~iISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - ~ ~~ APPROVAL OF SPECIAL USE PERMIT EDWARDS VILLAGE CENTER, PARCEL 9 FILE NO. ZS-389-96 WHEREAS, REMONOV COMPANY INC., ("Applicant") did file an application with the Eagle County Department of Community Development on or about 4IIINE 14, 1996, for a Special Use Permit for ~nnrtnnFUC~IA~ USE ON A LOT GREATER TITAN ONE ACRE, within a COMMER IAL GENERAL Zone District, in the unincorporated area of Eagle County described as follows: Edwards Village Center, Parcel 9 and WHEREAS, based or. t'.72 E~ridence, testimony, exhibits, study of the Master Plans for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows: 1) That proper publication and public notice was provided as required by law for the hearings before the Planning ~ Commission and the Board. ..« ~~ 2) That the proposed special use conforms to the requirements . ~. of Section 2.09 of the Eagle County Land Use Regulations, ~. which are incorporated herein as if set forth with particularity. Pursuant to Section 2.09.01 (1) 2.09.04 (1) (a) (b) (c) (d) (e) Use Regulations and as listed u Regulations, special uses shall listed thereunder and elsewhere following requirements. (2) (3) (f) (g) nder the conform in this (4) (5) (6) (7) and of the Eagle County Land Zone District to all requirements Resolution plus the 600778 B-704 P-793 09/09/1996 04:57P PU 1 OF 5 R1;C DUC NOT Sara J. Fisher Eagle County Clerk & Recorder 0.00 ~ • t Commissioner _ f7f2fZ,~j~21 roved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - ~~;7 APPROVAL OF SPECIAL USE PERMIT EDWARDS VILLAGE CENTER, PARCEL 9 FILE N0. ZS-389-96 WHEREAS, REMONOV & COMPANY INC., ("Applicant") did file an application with the Eagle County Department of Community Development on or about JUNE 14, 1996, for a Special Use Permit for COMMERCIAL USE ON A LOT GREATER THAN ONE ACRE, within a COMMERCIAL GENERAL Zone District, in the unincorporated area of Eagle County described as follows: Edwards Village Center, Parcel 9 and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plans for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows: 1) That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2) That the proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. Pursuant to Section 2.09.01 (1) 2.09.04 (1) (a) (b) (c) (d) (e) Use Regulations and as listed u Regulations, special uses shall listed thereunder and elsewhere following requirements. (2) (3) (f ) (g) nder the conform in this (4) (5) (6) (7) and of the Eagle County Land Zone District to all requirements Resolution plus the 1 1) Utilities, as ~oposed, are adequate to ~ Tide water and sanitation services based on accepted engineering standards and reviewed by the County Environmental Health Division and the Colorado Department of Health have been determined to be sufficient for the proposed use. 2) Street improvements, as proposed, are adequate to accommodate projected traffic volume generated by the development and will provide safe, convenient access to the site and are to be constructed in conjunction with the proposed use, as reviewed and approved by the County Engineer. 3) Design of the proposed use can be organized in accordance with the application and recommended staff conditions, to minimize impact on and from adjacent uses of land through installation of landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 4) A detailed site plan drawn to scale showing all physical features and final design and plan of proposal has been submitted and approved. 5) Technical reports as necessary to determine feasibility of proposed project have been submitted. 6) Justification has been presented that the proposed special use will not be detrimental to the character of the neighborhood and is consistent with the Master Plans, if Staff recommendations are followed. 7) An Environmental Impact Report is not applicable. In accordance with Section 2.09.02; Additional Specific requirements for Certain Uses as Follows: 1) The applicant for this Commercial General use on a parcel of land greater than one acre has submitted detailed site plans, including landscaping sufficient to meet the performance standard found in Section 2.07.07. However, ongoing compliance will be determined as specific land uses are established. A performance bond may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the County Commissioners. In accordance with Section 2.09.04; 1) In review of a Special Use, the Planning Commission and Board of County Commissioners shall consider the following: 2 a) Compatik ty of the proposed use w other existing uses in the area. Staff believes that the proposed Special Use can be compatible with the existing uses in the area if uses are limited as described in Exhibit A. b) Potential effect of the use on the character of the neighborhood can be acceptable if the Special Use Permit is issued in accordance with the amended application and staff recommendation. c) Adequate physical and legal access to and from the proposed area has been demonstrated. d) Adequacy of water and sanitation service has been demonstrated. e) The physical arrangement of the use on the proposed site is acceptable if the potentially non-compatible land uses are segregated by building and the landscape plan is installed along with appropriate signage and lighting. f) The proposal can be consistent with the Eagle County Master Plan if the staff recommendations are followed. g) The Environmental Impact Report, not applicable. Pursuant to Section 2.07.07, Industrial and Commercial Performance Standards, Eagle County Land Use Regulations: a) To the extent applicable and in accordance with the staff recommendation, the proposal is in general conformance with these performance standards. THAT, for the above-stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of REMONOV & COMPANY INC., File No. ZS-389-96, for a Special Use Permit for COMMERCIAL USE ON A LOT LARGER THAN ONE ACRE within the COMMERCIAL GENERAL Zone District as further described herein as Exhibit A, be approved, subject to the conditions as set forth below. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 3 ,. 'l. An Eagle Coun Road Cut permit will be tired prior to construction of the access drive. 2, After issuance of the building permit for the "building(s) shell", each building permit application, including tenant finish, shall clearly describe the intended use and include a parking plan which identifies allocated parking spaces. The parking plan must demonstrate conformance with the county parking and loading requirements prior to issuance of building permits. 3. The approved landscape plan shall be submitted with the building permit application(s) for buildings A,B,C and D. If the landscape improvements are not completed in accordance with the approved landscape plan, a Construction Improvements Agreement and associated collateral shall be required prior to issuance of any Certificate of Occupancy. 4. The first building permit application shall include a comprehensive sign plan showing all proposed signing within the business center. 5. Expand the Design Review Board to include two additional members which will be owners or tenants within the development. 6. Deliveries are prohibited on weekdays between Midnight and 6 A.M. 7. Deliveries are prohibited on weekends (Saturday and Sunday) between 8 P.M. and 8 A.M. THAT, all material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. 4 ... THAT, the Boa hereby finds, determines i declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 1993, nunc pro tunc to the 3rd day of September. 1996. COUNTY OF EAGLE, STATE OF COLORADO, _ ,' By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Q ~ ~~~ Sara J. Fisher ~ Georg A. Gates, Chairman Clerk to the Board of County Commissioners \ I Q ~'~ ~ _ ~ ~ Phillips, Commissioner s E. Johnsgxf, Jr. , C,~imissioner Commissioner o~'Oi~~J seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. This Resolution passed by ~~L/1/b/I/mD/./~--rtrote of the Board of County Commissioners of the County of Eagle, State of Colorado. f:\docs\resolut.96\zs389 5